Key takeaways
Added matter standard – directly and unambiguously derivable
Whether the subject matter of the granted claim extends beyond the content of the application as originally filed is determined by considering what information a person skilled in the art, based on objective considerations and referring to the filing date and using its general technical knowledge, would directly and unambiguously derive from the entirety of the application as filed. This includes implicitly disclosed subject matter that follows clearly and unambiguously from what is expressly mentioned.
Divisionals – added matter standard applies to both parent and grand parent
In case of a divisional application, the added matter standard applies to each earlier application. The subject matter of the granted claim must not extend beyond (1) the disclosure of the originally filed application for the patent AND (2) the disclosure of the original PCT application.
Division
Court of Appeal
UPC number
UPC_CoA_764/2024, UPC_CoA_774/2024
Type of proceedings
Appeal decision (1st instance proceedings: LD Düsseldorf, decision of October 10, 2024, UPC_CFI_363/2023)
Parties
expert e-Commerce GmbH, expert klein GmbH (appellants / defendants in 1st instance infringement proceedings)
Seoul Viosys Co., Ltd. (respondent / claimant in 1st instance infringement proceedings)
Patent(s)
EP 3 926 698
Jurisdictions
UPC, Court of Appeal, Luxembourg
